THE PROTECTION OF TRADITIONAL SEEDS IN THE COLOMBIAN CASE

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David Ronderos

Abstract

From a critical and interpretative perspective, this article hereby intends to illustrate the generalities in regards to the industrial protection scheme of traditional seeds in Colombia. By means of case law, communitarian legislation and, more strongly, original scientific sources, assessments and insights derived and based off on the findings of this investigation shall be presented. As it stands, in broad terms, phrases such as plant varieties and plants are defined and, of course, what traditional know- how is, gets accounted for in order to, thereafter, develop the topic surrounding the limits of invention patens in regards to seeds and plant varieties in their condition as living beings, as imposed by Decision number 486 of the Andean Community of Nations. Hereinafter, the figure of Plant breeder’s rights is explained and analyzed in the context of the protection of ancestral seeds, themselves a land. Finally, in the conclusions
section, a few thoughts and other points of view in relation to the investigation are projected out so to conclude this writing by reflecting upon the exposed findings as well as by examining the reach of the investigation.

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